Disposed

Sunil Mittal S/O Sh. Rameshwar Prasad Gupta, v. State of Rajasthan

Rajasthan HC6 Dec 2024CRLMP/8215/2024

Case brief

AI extract

What is this about?

Petitioner, a railway government servant facing trial after cognizance taken in 2009, sought conversion of standing arrest/non-bailable warrants into bailable warrants since summons were never served. Court converted the warrants and directed release on bail on personal bond and two sureties upon appearance within four weeks.

What did the court decide?

Standing arrest/non-bailable warrants converted into bailable warrants; bail on personal bond and two sureties on appearance within four weeks; liberty to raise sanction points before trial court.

Sunil Mittal S/O Sh. Rameshwar Prasad Gupta, Vs State of… — Bail and Remand | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 8215/2024

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Sunil Mittal S/o Sh. Rameshwar Prasad Gupta, aged about 56 Years, R/o B-138, Kirti Nagar, Tonk Road,, Jaipur, Previously Posted as Deputy Chief Engineer (Construction-I) North- Western Railway, Dausa, Presently posted as Chief Engineer (Civil), North- Western Railway, Jaipur.

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----Petitioner

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Versus

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State of Rajasthan, through Public Prosecutor.

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Kevalram Meena, Regional Forest Officer, Lalsot, District Dausa.

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----Respondents

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For Petitioner(s) : Mr. Anurag Sharma For Respondent(s) : Mr. Vivek Choudhary-PP

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JUSTICE ANOOP KUMAR DHAND

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Order

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06/12/2024

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After arguing the matter for some time, learned counsel for the petitioner has confined his prayer to the extent of converting the non-bailable/arrest warrants into bailable warrants and liberty be granted to the petitioner to raise all the points of sanction before the trial Court, by way of filing appropriate application.

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Counsel for the petitioner submits that the cognizance was taken against the petitioner vide order dated 13.10.2009 and the petitioner was summoned but the summons were never served upon the petitioner, thereafter bailable warrants were issued against him, which were also not executed upon the petitioner and then arrest warrants as well as standing arrest warrants have been issued against him. Counsel submits that petitioner is ready

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(2 of 2) [CRLMP-8215/2024]

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to appear before the Trial Court. Counsel submits that petitioner is a government servant, therefore his personal liberty be protected.

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Learned Public Prosecutor opposed the prayer.

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Considering the arguments raised by counsel for the petitioner and looking to the fact that neither summons nor bailable warrants were ever served upon the petitioner, hence under these circumstances, there was no reason or occasion available with the Trial Court to issue non-bailable/ standing arrest warrant against the petitioner to secure his presence before the Trial Court. However, looking to the fact that the petitioner is ready to face the trial and he is a government servant, the standing arrest warrants/non-bailable warrants issued against him are ordered to be converted into bailable warrants.

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In case, the petitioner appears before the trial Court within a period of four weeks from today, he shall be released on bail, after furnishing a personal bond and two sureties bond to the satisfaction of the trial Court.

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Accordingly, the criminal misc. petition stands disposed of.

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Stay application and all pending application(s), if any, also stand disposed of.

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(ANOOP KUMAR DHAND),J

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Ashu/31

Sunil Mittal S/O Sh. Rameshwar Prasad Gupta, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sunil Mittal S/O Sh. Rameshwar Prasad Gupta, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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